Burns v. Burns

In 2000, Susan Burns and Debra Jean Freer filed Burns v. Freer seeking recognition of their Vermont civil union. Fulton County Superior Court Judge Larry Salmon ruled against the couple on January 30, 2001, finding that a civil union could not be recognized in Georgia as equivalent to a marriage. On January 23, 2002, the Georgia Court of Appeals declared civil unions invalid in Georgia.^[7]

Perdue v. O'Kelley

On May 17, 2006, Fulton County Superior Court Judge Constance C. Russell ruled that Amendment 1 violated procedural rules of the Constitution of Georgia that ballot questions should be limited to a single subject. Russell said, "People who believe marriages between men and women should have a unique and privileged place in our society may also believe that same-sex relationships should have some place although not marriage. The single-subject rule protects the right of those people to hold both views and reflect both judgments by their vote." Governor Sonny Perdue said, "The people of Georgia knew exactly what they were doing when an overwhelming 76 percent voted in support of this constitutional amendment. It is sad that a single judge has chosen to reverse this decision.", and announced plans to appeal to the Georgia Supreme Court.^[8] On July 7, 2006, the Georgia Supreme Court reversed the lower court ruling and declared the 2004 constitutional amendment valid in Perdue v. O'Kelley.^[9]

Inniss v. Aderhold

On April 22, 2014, three same-sex couples and a widow, represented by Lambda Legal, filed a lawsuit in the U.S. District Court for the Northern District of Georgia on behalf of themselves and all unmarried same-sex couples and all state residents who had married same-sex spouses in other jurisdictions. Another couple was later added to the suit, which was assigned to Judge William S. Duffey Jr. Two of the four couples had married in Connecticut and New Hampshire. The suit, Inniss v. Aderhold, named Deborah Aderhold, the State Registrar and Director of Vital Records, as the principal defendant. The Attorney General of Georgia, Sam Olens, filed a motion to dismiss in September 2014,^[10] and the defendants later argued for an extension to file their briefs because of the volatility of same-sex marriage cases around the country. Judge Duffey granted an extension to October 22, 2014. On January 8, 2015, Judge Duffey denied the defendants' motion to dismiss.^[11] He found that the plaintiffs were asserting they had a fundamental right to marry a partner of the same sex, which was not a right protected by the Due Process Clause of the U.S. Constitution. Since a fundamental right was not at issue, he explained he would assess Georgia's ban under the least restrictive standard of review, rational basis. He denied the motion to dismiss because the state defendants had not yet met the rational basis standard by explaining the link between Georgia's ban on same-sex marriage and the state's interest in "child welfare and procreation".^[12]

On January 20, 2015, the defendants asked Judge Duffey to suspend proceedings until the U.S. Supreme Court ruled in pending same-sex marriage cases,^[13] and the plaintiffs supported that request on January 27.^[14] On January 29, the court suspended some proceedings, but allowed the parties to appeal his earlier order to the Eleventh Circuit, so that court would have a wider set of arguments to consider along with the Florida case, Brenner v. Scott. On June 26, 2015, the Supreme Court ruled in Obergfell v. Hodges that the Due Process and Equal Protection clauses of the Fourteenth Amendment guarantee same-sex couples the right to marry. The decision legalized same-sex marriage nationwide in the United States. Governor Nathan Deal said, "While I believe that this issue should be decided by the states and by legislatures, not the federal judiciary, I also believe in the rule of law...The state of Georgia is subject to the laws of the United States, and we will follow them." Attorney General Olens also said he opposed the court ruling but that "Georgia will follow the law and adhere to the ruling of the Court". He instructed state agencies and state employees to treat same-sex couples equally to different-sex couples, and instructed county clerks to issue marriage licenses to same-sex couples. All counties began immediately issuing marriage licenses to same-sex couples or announced their intention to do so.^[15]

Ramon Perez and Levy Hires-Perez exchanging vows at the Lowndes County Courthouse in Valdosta, June 26, 2015

Emma Foulkes and Petrina Bloodworth were the first same-sex couple to marry in Georgia just one hour after the Supreme Court's ruling. Fulton County Judge Jane Morrison officiated at their marriage at the Fulton County Courthouse in Atlanta. The Mayor of Atlanta, Kasim Reed, said, "Today is a historic occasion for the City of Atlanta, for Georgia and for America. The Supreme Court's ruling marks a momentous victory for freedom, equality, and love. It is clear that the arc of history continues to bend ever closer toward justice."^[16] Jeff Graham, the executive director of Georgia Equality, issued the following statement: "The United States Supreme Court has ruled in favor of the freedom to marry across the nation. It's a national victory – and it means that soon, thousands of loving, committed couples throughout the United States – including our state of Georgia – will be able to say 'I do' and at last be respected under the law."^[17] Christie and Kindra Baer, a couple for 13 years, were the first to receive a marriage license in Savannah,^[18] and Moriah Martin and Jordyn Dolente were the first to marry in Athens just after 2 p.m. at the Clarke County Courthouse.^[19] Taylor Nash and Kelly Martinelli were the first same-sex couple to marry in Gwinnett County. Representative John Lewis welcomed the court ruling, saying, "Races don't fall in love, genders don't fall in love--people fall in love.", and Representative Hank Johnson called it "historic". Bernice King, CEO of The King Center and daughter of Martin Luther King Jr., said, "It is my sincere prayer that this ruling helps to alleviate violence, in all forms, including physical force, toward our LGBT brothers and sisters; and that the Supreme Court ruling encourages the global community to respect and embrace all LGBT global citizens with dignity and love. In the words of our founder and my mother, Coretta Scott King, 'The Civil Rights Movement that I believe in thrives on unity and inclusion, not division and exclusion.'"^[19] State Senator Vincent Fort said the decision was "a victory not just for the LGBT community but for all Americans who believe in justice", and Rob Wright, the Episcopal Bishop of Atlanta, said, "In the days ahead, whatever your position, I ask you to keep close to your heart and lips the words of scripture, that "God is love." Christ's church is trans-political, above all earthly partisanship. Therefore, if love has won even a small victory today, then let us rejoice."^[19]